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ESCOBAR v. MONTOYA

No. 604.

485 P.2d 974 (1971)

82 N.M. 640

Mary ESCOBAR, Plaintiff-Appellant, v. Della Romero MONTOYA, Defendant-Appellee.

Court of Appeals of New Mexico.

May 21, 1971.

Attorney(s) appearing for the Case

Thomas M. Thompson, Arturo G. Ortega, William E. Snead, Albuquerque, for plaintiff-appellant.

Eugene E. Klecan, James T. Roach, Albuquerque, for defendant-appellee.

OPINION

WOOD, Judge.

Plaintiff's complaint for personal injuries was dismissed under § 21-1-1(41)(e) (1), N.M.S.A. 1953, as that rule was worded prior to its amendment in 1967. For the applicable wording of the rule see Jones v. Pringle, 78 N.M. 467, 432 P.2d 823 (1967). Dismissal was on the basis that plaintiff had failed to take any action to bring the cause to its final determination...

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